Horses Wandering.

Patea Mail, 19 August 1880, Page 3

Horses Wandering.

A DOUBTFUL DECISION. At the Patca E.M. Court on Tuesday, before Captain Wray, R. M., the following cases were heard : Henry Guyatt was summoned for per. mitting a horse to wander in the town streets. Fined 3s and 7s costs. He complained that the animal had been injured while in the pound. John Mercer, charged with permitting three horses to wander, was fined 8s and costs. A QUKST ION OF NEGLIGENCE. Otto Haase, livery-stable keeper, was charged with permitting two horses to wander. Mr Hamerton, for the defence, said the horses were under the defendant’s chargcj and he admitted responsibility. Magistrate ; Then we must take that as sufficient. Mr Hamerton : But it does not follow, cither by common law or by statute, that he can be sued for them. Magistrate : If he admitted his responsi" bility, I should be inclined to convict.

Mr Hamcrton : 1 have come to contend that the Court lias power to dismiss any of these informations, if the defendants are not convicted of negligence. Magistrate : I am aware of that, but it would be an endless matter to draw any line. I have always gone on the plain statement of the case. Mr Haraerton : That opens an avenue to enmity and fraud. Magistrate : If we once go into motives, we should have to give up these prosccir tions I take the fact that the horse was wandering. Mr Hamerton : Docs the Court rule that the Act docs not allow discretion ? Magistrate : No, I rule nothing of the kind. Mr Hamcrton : If the defendant is guilty at common law of negligence, hob's liable. If he is not guilty of negligence, ho isnotliable. I have brought authorities to prove what I state. I say it is the duty of the Court to submit acasc foraSupcrior Court. Magistrate : Do you admit the responsibility for these horses ? Mr Hamcrton : Yes, but I contend that thedofendant is not guiltyof any negligence whatever ; that it is the public who have done this by opening the gate to go to the Hospital. Magistrate : I will hoar evidence on that, but it will require very plain proof before I dismiss it on that ground. Otto Haase then deposed : I occupy two paddocks near the Hospital. There are two gates, properly hung and fastened. One 1 keep locked, but the other cannot be locked because the public use it to get to the Hospital. There is a right of road through my paddock to the Hospital ; the track is not fenced oil;, and when the gate is left open all the horses in both paddocks can get out at the gate, 1 did not know these horses wore out until I heard they were put in the pound. The boy had seen that the horses were all in the paddock the previous night. To my knowledge the public have opened the gittes and left them opened, and lately I have been obliged to keep one locked. The horses all came out on one occasion when a patient was taken from the Hospital in a conveyance, which they took through my first paddock (where there is no road), committing a trespass which I did not object to at that time because there was no other way for a conveyance to get near the Hospital. But I am now keeping that gate locked to protect myself, for on that occasion the parties did not bother themselves to shut the gate after trespassing, and 14 horses came out. Magistrate : Have you frequently complained about people not shutting the gate ? Defendant : Yes. Magistrate : Is there a right of way for the butcher and baker to go through ? Defendant ; I believe there is, but it is not fenced off. Magistrate : If the public will not consider your interest and shut the gate, you should lock it in order to protect yourself. Sergeant M'Grath: Were you aware that these horses were in the paddock on the previous night ? Defendant: No, but Isentthe boy round and he found them right. Mr Hamerton : I would ask the Court to dismiss the present information, and allow him to communicate with the proper authorities to have some arrangement by which he can be secured against these police prosecutions. Because he allows the public to use that gate to get to the Hospital, he is systematically mulcted in fines and costs and poundages. I will undertake, on his- behalf, that he shall

communicate with the authorities, and that this question of fencing in the track to the Hospital shall be settled one way or the other. ’ ■* Magistrate : It has not been shown that the gate was left open by the public on this particular occasion. If it is to be established as an excuse that some one came and opened my gate, we shall have to take it in every case. It has a certain appearance of hardship, but I (don’t see my way to make any difference in this case. Fined 5s and costs. OTHER CASES. John Black was also charged with allowing a horse to wander. George Harden’s was a similar case. Mr Hamerton ; I appear for these defendants, and after the ruling in the last case I have to admit the charge, although each defendant is in no waj 7 responsible for allowing his horse to get out. Fined 3s and costs in each case.